LEGISLATION - The Cannabis Control and Licensing Act

No CannabisOur provincial government is preparing for the decriminalization of the use of marihuana. As alcohol is currently regulated under the Liquour Control and Licensing Act (LCLA), cannabis will be regulated under the Cannabis Control and Licensing Act (CCLA). Specific sections of the Act govern possession and use in motor vehicles.

The bill creating the CCLA has passed third reading in the legislature but has not yet been proclaimed.

Consumption in vehicles and boats

65 (1) A person must not consume cannabis while

(a) operating a vehicle or boat, or

(b) in or on a vehicle or boat being operated by another person.

(2) A person must not operate a vehicle or boat if the person knows that another person is smoking or vaping cannabis in the vehicle or boat.

(3) Subsections (1) and (2) apply regardless of whether the vehicle or boat is in motion.

Cannabis in vehicle operated by minor

74 (1) A minor must not operate a vehicle, whether or not the vehicle is in motion, while there is cannabis in the vehicle.

(2) Subsection (1) does not apply if the cannabis

(a) was produced by a federal producer, is still in the packaging from its purchase by a consumer and the packaging has never been opened,

(b) is not readily accessible to the driver and any passengers in the vehicle, or (c) is no more than 4 cannabis plants that are not budding or flowering.

Cannabis in vehicle operated by adult

81 (1) An adult must not operate a vehicle, whether or not the vehicle is in motion, while

(a) the adult has personal possession of cannabis, or

(b) there is cannabis in the vehicle.

(2) Subsection (1) does not apply if the cannabis

(a) was produced by a federal producer, is still in the packaging from its purchase by a consumer and the packaging has never been opened,

(b) is not readily accessible to the driver and any passengers in the vehicle, or

(c) is no more than 4 cannabis plants that are not budding or flowering.

(3) Subsection (1) does not apply to an adult described in section 51 (d), (e) or (f).

Comments

Minor in possession

Am I reading section 74 (1) subsectiion (2) correctly?

 

Cannabis in vehicle operated by minor 74 (1) A minor must not operate a vehicle, whether or not the vehicle is in motion, while there is cannabis in the vehicle. (2) Subsection (1) does not apply if the cannabis (a) was produced by a federal producer, is still in the packaging from its purchase by a consumer and the packaging has never been opened, (b) is not readily accessible to the driver and any passengers in the vehicle, or (c) is no more than 4 cannabis plants that are not budding or flowering.

When it comes to adults they include boats should this not be included for minors?

In my day being under age no matter where you were was considered minor in possession and you would be charged.

I have no problem with legalisation. In my opinion it should never have been made illegal in the first place. Prohibition of alcohol was a complete disaster and society recognised it early on. Why did it take so long with drugs? You can't legislate human behaviour.

As far as impairement level 0.0 is very easily understood. You use drugs you do not drive period. Plain simple and easy to understand.

I also do not feel that one should be able to operate a vehicle of any kind if drugs are being smoked.

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